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Supporting Documents:

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A Last Will and Living Trust are the centerpiece of your Estate Plan.  The power and authority granted by these documents can (and should) be reinforced with Supporting Documents such as Schedules 'A' and 'B', a Separate Writing, etc. 

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*What are Supporting Documents?

 
 

We would be happy to schedule a free, mini Estate Planning workshop -- on the phone -- to answer your questions and explain all of this in plain English!

There are really two categories of Supporting Documents:  First, there are those documents, such as Schedules 'A' and 'B' and a Separate Writing, that are addendums to and referenced by your Living Trust and/or Last Will. Second, Supporting Documents include Letters of Intent (to fund your Trust), Instructions for your Successor Trustee/Personal Representative, Deeds to property, Acceptance, Resignation and Revocation documents, a HIPAA form, a Disposition of Remains document, etc. These documents are included in the Living Trust and Will Packages and others may be ordered separately as 'Group A' Individual Documents.

To schedule a phone workshop, call 800-891-8189 or send us an email


On Schedule 'A', you will list bank accounts and real estate (and that original Picasso worth millions, right?)  Everything listed on Schedule 'A' will pass through your Trust and outside of Probate

*We are always adding documents to our packages so you will have as many legal protections as are available.

 

Schedules 'A',  'B' and Separate Writing:

  • Schedules 'A' and 'B' are referenced by your Trust

A 'Schedule' is a list of all property that is in your trust. Generally, Schedule 'A' is reserved for financial accounts and real estate that are to be included in the Trust Estate.  Schedule 'B', on the other hand, should list items of personal property (that have value) in order to give or bequeath that property to a specific person or organization, whether or not they are listed as a beneficiary in your Trust.

  • The Separate Writing is referenced by your Will

It functions exactly like Schedule 'B' in that your use this document to list items of personal property that you wish to bequeath (give) to a specific beneficiary -- even if that person or organization is not listed as a beneficiary on your Will or Trust.

None of these is available for purchase as individual documents and all are included in the Trust Package and the Separate Writing is included in the Will Package.

On Schedule 'B' and on your Separate Writing, you will items of monetary and/or sentimental value -- For example, if you have named your partner to inherit everything and you want your sister's daughter to inherit your Grandmother's china, you would list the gift to your niece on Schedule 'B' and/or Separate Writing.

 

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Other Supporting Documents:

  • Deeds

A deed is the document that transfers ownership of real estate. It contains the names of the old and new owners and a legal description of the property, and is signed by the person transferring the property.  If you own property and you create a Trust, you may want to re-title the property into your trust so that it passes through the Trust to your beneficiary, outside of probate.  The deeds included in the Trust packages are designed to do just that. 

Up to 5 Deeds transferring your property into your trust are included in the price of the Living Trust Packages.  Other types of Deeds (Quitclaim Deed, Warranty Deed, etc.) are available as an individual Group 'A' document.

 

 


 

 

  • Acceptance, Resignation and Revocation documents

The Successor Trustee of your trust will sign an Acceptance as Trustee document when he or she is ready to take on the role of Trustee of your Trust.  Although we provide this document to you in the Trust Package, it will not be signed by your Successor Trustee until your death or incapacity.

All of our Trust and Will packages include a Resignation of Attorney-in-Fact Document which allows the person you appoint (as your agent in your DPOA) to resign from his or her duties in case of illness or for some other reason.  And the Revocation document provides you with the opportunity to Revoke your DPOA by signing the Revocation of Durable Power of Attorney and submitting it to everyone who has a copy of the DPOA you wish to revoke.  

 

 


 

 

  • Health Insurance Portability and Accountability Act (HIPAA) Form

This is a free standing document that you will sign and give to your medical provider along with your other medical documents (Living Will and Medical POA).  The HIPAA form may be required by some medical facilities before they will release your medical records to your partner.  Although we provide this form to you as part of our packages, a particular facility may require you to sign  one that is designed specifically for and by them.

 

 
 

 

  • Disposition of Remains Form

This document allows you to name the person (and an alternate person) to make decisions and arrangements about your remains after your death.  The same information is included in your Last Will and testament but this documents provided in the event that your Will is contested or undergoes probate so as to allow your partner to have access and authority over your remains.

Otherwise, a family member will have that right granted to them automatically

 

 

 

 

 


 

 

  • Information for Successor Trustee/Personal Representative

This document is ever evolving to include more and more information and instructions for the person you are leaving in charge.  It simply sets forth information about who to contact, where all of your papers and other vital information can be located. 

 

 


 

 

  • Letters of Intent

These are letters we provide to you that you fill out and send to financial institutions and/or insurance companies where you have accounts and policies to let them know you want to put the account and/or policy into your Trust.

 

 


 

 

  • Instructions for Signing, Storing, Copying, Distributing and Funding

The Instructions are detailed (even color-coded!) and easy to understand.  They are sent with your final package so you can refer to them at any time.  In addition to the Instructions, we will be available to answer your questions at any point in the process.

 

 


 

 

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Legal documents include gay wills, gay trusts and other gay legal documents.  The documents help to protect gay and lesbian rights, gay legal rights even though better protections would result from gay marriage. These documents are designed exclusively for gay men, lesbians, transgendered and transsexual persons, people who identify as queer, homosexual or have an alternative family and/or lifestyle. These documents are not the same as civil unions, domestic partner agreements, marriage equality, etc., but are the best our community can do to protect our loved ones.  Advance directives include living wills, durable powers of attorney, medical powers of attorney and estate planning documents include living trusts and last will and testaments.